United States v. One (1) Lot of Twenty-Four Thousand Nine Hundred Dollars ($24,900.00) in U.S. Currency, Robert Chemaly, Claimant-Defendant-Appellee

JAMES C. HILL, Circuit Judge:

Appellant United States appeals a district court order dismissing its complaint for forfeiture in rem, brought under 31 U.S.C. § 5317(b). The district court held that the complaint failed to state a claim under 31 U.S.C. § 5317(b) because it did not allege that Robert Chemaly, the traveler who allegedly failed to report the currency in compliance with 31 U.S.C. § 5316, acted with knowledge of the currency reporting requirements. We affirm, holding that such knowledge is an element of a civil forfeiture action brought pursuant to 31 U.S.C. § 5317(b). 1

FACTS

In 1982,…